2. The costs of lawsuit shall be borne by the Plaintiff.

A. On September 27, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase the title D and E (hereinafter collectively referred to as the “instant real estate”) of the Kucheon-gu Seoul Special Metropolitan City C Building D and E (hereinafter collectively referred to as “the instant real estate”). Around that time, the Plaintiff paid the Defendant the down payment of KRW 40,000,000.

After that, the previous sales contract was canceled due to the nonperformance of obligation due to the cause attributable to the plaintiff, and the said down payment was confiscated to the defendant.

B. On October 20, 2015, the Plaintiff, along with F, purchased the instant real estate from the Defendant for KRW 1,260,000,000 (the amount confiscated as above at KRW 1,300,000,000 from the initial purchase price) and paid KRW 150,000,000 on the date of the contract; the intermediate payment of KRW 110,000,000 on the date of the contract; and the intermediate payment of KRW 110,000 on November 5, 2015, the Plaintiff concluded a sales contract to pay KRW 1,50,000 to the Defendant on November 10, 2015 (hereinafter “instant sales contract”); and paid KRW 1,50,000,000 to the Defendant on the date of the contract (hereinafter “instant sales contract”).

C. On November 9, 2015, in relation to the instant sales contract with the Defendant, the Plaintiff and F, at the time of the delay in the payment of intermediate payments, drafted a “Agreement on the Amendment to the Sales Contract” containing the following purport: “The deadline for the payment of KRW 1,10,000,000 for the intermediate payment and the remainder payment shall be until December 30, 2015; the instant sales contract shall be rescinded if the payment is not made by the said deadline; and the buyer shall not claim the return of KRW 150,000,000 paid as the down payment.”

After that, the Plaintiff and F failed to pay KRW 1,110,00,000 by December 30, 2015. Accordingly, the instant sales contract was rescinded as a default due to a cause attributable to the Plaintiff and F, and the down payment KRW 150,000,000 was confiscated to the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 1 and 5 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff.